Arbitration Awards
An important part of protecting our contract rights is our
ability — in the final analysis — to enforce them before
an impartial arbitrator. The cases below, decided in
the past few months, seem to contain a message
important to SEIU Local 503, OPEU members.
reimbursed for any health care costs he has incurred.
CIRCUMSTANCES IMPORTANT
A plumbing inspector for the City of Tigard was
discharged for an argument he had with a contractor on
a construction site. He was dismissed for using bad
language, for belittling the contractor and allegedly
lying during the investigation.
The dismissal was overturned when the arbitrator
determined the city did not prove the charges. The foul
language, she said, was not directed at anyone; the
inspector had not belittled the contractor, and there was
no proof of a conscious attempt to deceive. This case
also illustrates that the burden of proof is on the
employer in discipline cases.
Congratulations to Michael Mills, a steward in
City of Tigard Local 199, who worked on this case.
GROUP RECLASSIFICATION WON
Reclassification grievances are difficult to win.
Consequently, a group reclassification among grounds
maintenance workers at the University of Oregon is
particularly gratifying.
The Union successfully argued that a reorganization
of work gave these workers new responsibility and
transformed them into Grounds Maintenance Workers
2's. They now do tasks that are distinguishing features
of die Grounds Maintenance Worker 2 classification.
Their raises are retroactive to July 2001.
Congratulations to John Anthony, a steward in
UofO Local 085, who represented the grievants
in this case.
EMPLOYER MUST BE REASONABLE
TEMPORARY ABUSE
This case concerns the calculation of sea pay for the
crew of the Oregon State University research vessel,
The Wecoma. The employer's calculation was so
unreasonable it didn't pass the test.
The employer counted all non-work days when
calculating daily pay which led to a lower daily rate.
The arbitrator said, "no reasonable person would
conclude that a daily rate of pay would be calculated
Abuse of temporary workers continues to be a problem,
but the contract can still be successfully enforced with
timely-filed grievances. ..
At Oregon State University, a temporary employee
was awarded back benefits for the four months she
worked following the inappropriate extension of her
temporary employment. She will receive out-of-pocket
medical and dental expenses, paid leave, vacation,
holiday pay, a cost-of-living increase and any other
benefit she was denied for that period.
While the Higher Ed contract has two conditions for
an extension of temporary employment, the Union
based on a 365-day calendar."
Congratulations to OSU Local 083 steward
Duane Leafdahl, who represented the workers in this
case.
FAIR & IMPARTIAL PROBE
REQUIRED
An employee, who lived and worked at the Oregon
State University Mid-Columbia Agricultural
Research and Extension Center, was seen putting gas
in a container and taking it back to his residence. He
was discharged based only on the word of a co-worker
and before he was given a chance to tell his side of the
story. The supervisor made no attempt to determine
whether the employee's explanation that he had used
die gasoline to clean university equipment was _
plausible.
The issue is termination without just cause and
without a thorough investigation for allegedly putting
OSU gasoline into his personal vehicle. The arbitrator
ruled that the discipline be reduced to a letter or
warning and the grievant be immediately offered
unconditional reinstatement to his former position
retroactive to August 20,2001. he shall be made whole
for loss of wages, benefits and seniority and
successfully argued that neither of those was met
because the temporary employee's work changed as
duties were added and that management should have
started earlier recruiting for a permanent employee.
Congratulations to Rod Davidson, a steward in
OSU Local 083, who represented the temporary
employee in this case.
REASONABLY DIFFERENT
CONCLUSIONS
A reduction in salary case from the Oregon Youth
Authority was overturned when an arbitrator determined
that a worker made a reasonable assessment about the use
of force;
The employer failed to call as witnesses two workers
who saw tile use óf forcé io corroborate the statement of
a third. While she found the witnesses testimony
credible, without the two additional witness' testimony,
the arbitrator concluded that two staff members could
arrive at different conclusions. Therefore, she found
there was insufficient evidence to find that the worker
had used excessive force.
Congratulations to Bruce Smith, a steward in OYA
Local 415, who represented the grievant in this case.
Two Grievances Arise
At RISE
SEIU Local 503, OPEU has filed three
group grievances at RISE, a in
Hermiston, relating to the following
issues:
♦ RISE'S healthcare plan: The plan
did not provide equal access to doctors^
pharmacies and laboratory facilities for
all employees. RISE management
agreed to make information and access
available to all employees. This
grievance was a win for RISE
employees.
♦ For the Depot employees: RISE
was to pay healthcare premiums in lieu
of the $2.03 ah hour prevailing wage
above and beyond their regular hourly
wage paid to them by RISE. We asked
that the difference of the premium and
the total of the $2.03 be paid to the
employees affected. We came to an
agreement with RISE management to
have this addressed as soon as an audit
is done. We also count this as a win!
Overtime Grievance
Settled In Overtime
A grievance was settled prior to
arbitration for a Hermiston police
officer who was denied overtime pay
for working through his unpaid half
hour lunch break.
He was the only officer in the
bargaining unit who was denied this
paid time.
Prior to the arbitration hearing, the
city's attorney met with the Union with,
an offer to settle, which was accepted
— though not without a little
negotiation.
The city's first offer was for $1,400
and it was accepted. However, the city's
attorney called the Union back and
nearly halved the offer to $750. The
Union refused and we said we would go
to arbitration over the issue. The
attorney called back with the original
amount. A check was issued to the
officer within 24 hours.
THE OREGON PUBLIC EMPLOYEE PAGE 13